Farmers' Stop-Order Act (Chapter 63:03)
Malawi
Farmers' Stop-Order Act
Chapter 63:03
-
Commenced on 3 January 1956
- [This is the version of this document at 31 December 2014 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi (L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
This Act may be cited as the Farmers’ Stop-Order Act. In this Act, unless the context otherwise requires—“farmer” means any person who, as tenant or owner of an agricultural holding, cultivates the holding for profit;“registered stop-order” means a stop-order registered under this Act;“registration officer” means the officer appointed by the Minister under section 4;“stop-order” means any written undertaking entered into by a farmer in which he—(a)purports to give any person, as security for debt, any right in or over his growing or future crops, or the proceeds thereof; or(b)authorizes any person to pay to a third party, in satisfaction of a debt owed by such farmer to such third party, the proceeds of his growing or future crops, or any part thereof. Any stop-order not registered in accordance with this Act shall be null and void. Any stop-order so registered shall have effect for such period as may be stated therein. The registration officer may in his discretion—(a)refuse to register any stop-order in which any interlineation, blank, erasure, or alteration appears unless the person executing the stop-order affixes his signature or initials to such interlineation, blank, erasure, or alteration;(b)take steps to satisfy himself as to the identity of the person presenting the stop-order for registration and as to his right to present the stop-order for registration; and(c)refuse to register any stop-order executed after the commencement of this Act not presented for registration within thirty days of the date of execution thereof. Registration shall not cure any defect in a stop-order nor confer upon it any effect of validity which it would not otherwise have had except in so far as provided by this Act. Stop-orders, whether executed before or after the commencement of this Act, shall, as between themselves, be entitled to priority in order of registration:Provided that stop-orders executed before such date shall, if registered within fifteen days after the commencement of this Act, be entitled to priority in the order in which executed. A registered stop-order shall not be extinguished or otherwise impaired by any sale, mortgage or encumbrance, subsequent to the date of registration, of or upon the land whereon the crop is growing or situate, nor by the death of or insolvency of the person who executed such stop-order, and such registered stop-order may be enforced notwithstanding that the crop may be, at the date of enforcement, in the possession of a person who has acquired such crop for value without actual notice of the existence of such registered stop-order. The Bills of Sale Act shall not apply to any registered stop-order.[Cap. 48:03] Notwithstanding the Stamps Act, no stamp duty shall be payable on any registered stop-order.[Cap. 43:01] This Act shall apply to and bind the Government.1. Short title
2. Interpretation
3. Validity of stop-orders
4. Registration of stop-orders
5. Discretion of registration officer
6. Registration not to cure defect nor to confer validity
7. Correction of register
8. Priority of stop-orders
9. Security not to be extinguished by sale, etc., of land whereon crop growing
10. Bills of Sale Acts not to apply
11. Regulations
12. No stamp duty payable
13. Penalties for offences in connexion with stop-orders
14. Government to be bound